In memory of our brother and son, Robert Bagnell,
who died moments after being tasered by police in Vancouver, British Columbia on June 23, 2004. Bob was the 7th Canadian to die and the 110th in North America.

Thursday, September 11, 2008

CALGARY -- The family of an Alberta man who died after being shocked repeatedly with a taser has filed a $1.7-million wrongful-death suit, claiming gross negligence by the U.S.-based company that makes the device, as well as local police and health-care providers.

The lawsuit, filed recently with the Court of Queen's Bench in Red Deer, alleges negligence and breaches to legislation by Taser International Inc. of Scottsdale, Ariz., the RCMP and individual officers who zapped Jason Wayne Doan in 2006, as well as the health region, a Red Deer hospital, and the doctors and paramedics who tended to the 28-year-old pipeline worker.

The plaintiffs are Mr. Doan's sister, Surya Doan, his daughter Alisha Doan, and his parents, Marlene Doan-Seller and Wayne Doan.

They are seeking $1,745,000 in damages for loss of care, companionship and income, as well as expenses related to the funeral, grief counselling and participation in an impending fatality inquiry.

"The plaintiffs say the conduct of the defendants ... warrants an award of aggravated, exemplary and/or punitive damages," the lawsuit alleges.

Statements of defence have not been filed. None of the allegations have been proved in court. Any trial would likely take place after the fatality inquiry, the family's lawyer, Will Willier, said.

Steve Tuttle, Taser International's vice-president of communications, said the company stands behind the safety of its product.

The provincial inquest, scheduled for December, is designed to make recommendations to avoid similar deaths in the future, but not to assign blame.

Police in the central Alberta city have said they were investigating a report of someone breaking windows of vehicles at a park on Aug. 10, 2006, when Mr. Doan was chased by officers. After a short pursuit and scuffle with police, he was tasered. He fell unconscious and was taken to hospital, where he remained until his death 20 days later.

The lawsuit alleges he was hit three times in 38 seconds. Heart failure and excited delirium, considered an extremely high state of agitation, were listed among the causes of death.

Taser International's Mr. Tuttle said 74 product-liability cases have either been decided in favour of the company or dismissed.

But in June, the company lost its first suit and was ordered to pay $6.2-million (U.S.) in damages to the estate and family of Robert Heston after the 40-year-old California man was shocked numerous times with the device and suffered a fatal cardiac arrest.The company has appealed the decision.

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taser-Related Deaths = 890+ in North America

See "A LIST OF THE DEAD"SEVEN (7) Americans and ONE (1) Canadian have died so far in 2015 after they were shocked by police with a TASER. FORTY-FIVE Americans and ONE Canadian - of whom we are aware - died in 2014. At least THREE Canadians and 53 Americans died in 2013. One French citizen died in France in 2014 and another in 2013. One Mexican citizen (at the US border) and a Malian immigrant in Paris, France died in 2010.SEVEN people have died in the United Kingdom. FIVE Australians and a Brazilian student have died in Australia. According to Taser International, the taser had nothing to do with any of these deaths. According to Amnesty International, the taser has been identified as either a cause or contributing factor in at least 60 of them. That number would be higher; however medical examiners and coroners are often not impartial but are instead biased in favour of the Crown or, as has been shown, they are under tremendous pressure from - among others - Taser International, to make a particular finding.See Judge rules for Taser in cause-of-death decisions

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Taser International finally admits risk that their weapons may affect the human heart

RCMP - TASERS POTENTIALLY LETHAL

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My Brother - Robert Bagnell June 27, 1959 - June 23, 2004

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2) Until such time as independent and unbiased study into the "real world" safety implications of Tasers has been properly completed, a moratorium must be imposed upon these weapons.

3) If, after independent and unbiased study has been completed, the Taser is going to remain in the police arsenal, it must be placed at a level equal to lethal force on the continuum of force and used only as a second-to-last resort.

4) Safety standards must be developed for Tasers. There are currently no Canadian safety standards in place for this weapon.

5) Police must not be allowed to investigate themselves but must be subject to independent and unbiased civilian oversight.

6) Families of people who die in police custody in Canada must be provided with funding so that they may be properly represented by legal counsel.

7. Robert Bagnell, 44 – Vancouver, BC - June 23, 2004 - X26 - "Official" cause of death: Consistent with restraint-associated cardiac arrest due to acute cocaine intoxication and psychosis. Bob's autopsy report showed marks on his body consistent to multiple taser shots, which incidently could not be affirmed by the pathologist because she could not explain those marks.

9. Samuel Truscott, 43 – Kingston, ON - August 8, 2004 - X26 - "Official" cause of death: Heart attack cause by drug overdose and "I can state categorically that the Taser did not play any role whatsoever in his death" said Chief Coroner for Ontario, Jim Cairns

24. Michael Langan, 17, Winnipeg, MB - July 22, 2008 - tasered 1 time - the autopsy report says Langan's death was caused by a heart arrhythmia brought on by the Taser shocks

25. Sean Reilly, 42 - Brampton, ON - September 17, 2008 - Peel Regional Police - X26 - tasered 2 times - the inquest jury will determine the official cause of death, however, “the forensic evidence indicated that the force used by the officers, including the Taser discharge, did not contribute to his death"

27. Trevor Grimolfson, 38 - Edmonton, AB - October 29, 2008, X26 - According to sources, after he was pepper sprayed, Trevor was tasered directly on the chest 5 times and tasered on the back of the neck 2 more times - Edmonton police said he was only tasered 2 times but testing on the tasers proves otherwise - "Official" cause of death: excited delirium brought on by drugs

29. Grant William Prentice, 40 - Brooks, AB - May 6, 2009 - RCMP - tasered 2 times - "Official" cause of death: acute cocaine toxicity and "the medical examiner also concluded the taser did not play a role in the death"

Ain't it the truth!

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80% percent of the population could be moved in either direction

Human rights activist Susan Sontag, when asked what she had learned from the Holocaust, said that 10 percent of any population is cruel, no matter what, and that 10 percent is merciful, no matter what, and that the remaining 80 percent could be moved in either direction.

THE Successes AREN'T the Problem

"The issue is not whether or not the taser can be used in a high percentage of cases to reduce death and/or physical trauma to officers and civilians alike. The issue is whether or not it's OK to kill the rest through ignorance and rationalization just because it's a small percentage ... The successes aren't the problem - the failures are. They're being told that tasers are nonlethal, so they blast away until people can't move. They're killing people by accident." Dave Siegler, father of Raymond Siegler, who died on February 12, 2004

The artistic side of Robert Bagnell

WE KNOW THIS MUCH IS TRUE

ROBERT ANGLEN

Robert Anglen, a reporter with The Arizona Republic, documented the first 167 Taser-related deaths. Mr. Anglen launched a journalistic investigation of Taser International, linking the Taser to multiple deaths, among other eye-openers.

At the 2005 Arizona Press Club Awards, Mr. Anglen won first place in the Investigative reporting category. He was the recipient of the Don Bolles Award for his report entitled "Taser tied to 'independent' study that backs stun gun'. “As part of an extraordinarily thorough investigation of Taser International, Anglen uncovered ‘smoking gun’ documents that showed the manufacturer was heavily involved in the key study that purported the devices are safe. Anglen also uncovered conflicts of interest and documented wide-spread problems with Taser safety — a matter of national and international public interest.”

In 2006, Mr. Anglen was a runner up for the Arizona Press Club's Virg Hill Journalist of the Year award. Peter Bhatia of The Oregonian wrote “Robert Anglen is an investigative reporter, pure and simple. Clearly, he is a reporter who, once he sinks his teeth into something, stays with it until the story is done. His ongoing work around the company that makes Tasers speaks to that."